Notice of Proposed Rule

DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO: RULE TITLE
62-304.405: Lower Suwannee River Basin TMDLs
PURPOSE AND EFFECT: The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for nutrients in impaired waters located in the Suwannee River Basin (downstream of the confluence with the Withlacoochee River) and to delete the existing language in Rule 62-304.405, F.A.C., regarding a TMDL for Total Coliforms in the Fenholloway River.
SUMMARY: This TMDL addresses nutrient impairments for a number of springs in the Suwannee River (downstream of the confluence with the Withlacoochee River) basin and the Lower Suwannee Estuary. These waterbodies were verified as impaired by nitrate-N using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. A concentration target was used to establish the nutrient TMDL. The existing language for a Total Coliform TMDL in the Fenholloway River is being deleted, as “Total Coliform” is no longer a surface water quality criterion (EPA approved this revision to Florida’s surface water quality standards on May 4, 2007).
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Department has not prepared a Statement of Estimated Regulatory Cost (SERC) for this proposed Rule.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 403.061, 403.067 FS.
LAW IMPLEMENTED: 403.061, 403.062, 403.067 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: September 18, 2008, 9:00 a.m. – 11:00 a.m.
PLACE: Florida Department of Environmental Protection, 2600 Blair Stone Road, Room 609, Bob Martinez Center, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Ms. Pat Waters at (850)245-8449. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jan Mandrup-Poulsen, Division of Environmental Assessment and Restoration, Bureau of Watershed Management, Mail Station 3555, Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone (850)245-8448

THE FULL TEXT OF THE PROPOSED RULE IS:

62-304.405 Lower Suwannee River Basin TMDLs.

Fenholloway River. The Total Maximum Daily Load for the Fenholloway River is a 61 percent reduction in Total Coliforms from nonpoint sources, and is allocated as follows:

(1) Middle Suwannee Planning Unit. The Wasteload Allocation for point sources discharging wastewater to the Fenholloway River or its tributaries is for all permittees to meet the Class III criteria for Total Coliforms,

(a) Suwannee River (downstream of the confluence with the Withlacoochee River).

1. The Total Maximum Daily Loads for Suwannee River are to achieve 0.35 mg/L nitrate-N for the discharge from Suwannee River, and are allocated as follows:

a. The Wasteload Allocation (WLA) for wastewater sources is not applicable,

b. The WLA for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater (NPDES) Permitting Program is not applicable,

c. The Load Allocation (LA) for nonpoint sources is to meet a monthly average of 0.35 mg/L nitrate-N. The range of percent reduction necessary to achieve the LA is estimated between 0 and 51 percent depending on the month and location within the basin. Achievement of the TMDL constitutes achievement of a percent reduction, and

d. The Margin of Safety is implicit.

(b) Branford Springs.

1. The Total Maximum Daily Load for Branford Springs is to achieve a monthly average of 0.35 mg/L nitrate-N, and is allocated as follows:

a. The WLA for wastewater sources is not applicable,

b. The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is not applicable,

c. The LA for nonpoint sources is to meet a monthly average of 0.35 mg/L nitrate-N. The percent reduction is an estimated 61 percent. Achievement of the TMDL constitutes meeting the water quality target, and

d. The Margin of Safety is implicit.

(c) Falmouth Springs.

1. The Total Maximum Daily Load for Falmouth Springs is to achieve a monthly average of 0.35 mg/L nitrate-N, and is allocated as follows:

a. The WLA or wastewater sources is not applicable,

b. The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is not applicable,

c. The LA for nonpoint sources is to meet a monthly average of 0.35 mg/L nitrate-N. The percent reduction is an estimated 62 percent. Achievement of the TMDL constitutes meeting the water quality target, and

d. The Margin of Safety is implicit.

(d) Royal Springs.

1. The Total Maximum Daily Load for Royal Springs is to achieve a monthly average of 0.35 mg/L nitrate-N, and is allocated as follows:

a. The WLA for wastewater sources is not applicable,

b. The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is not applicable,

c. The LA for nonpoint sources is to meet a monthly average of 0.35 mg/L nitrate-N. The percent reduction is an estimated 74 percent. Achievement of the TMDL constitutes meeting the water quality target, and

d. The Margin of Safety is implicit.

(e) Ruth Springs.

1. The Total Maximum Daily Load for Ruth Springs is to achieve a monthly average of 0.35 mg/L nitrate-N, and is allocated as follows:

a. The WLA for wastewater sources is not applicable,

b. The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is not applicable,

c. The LA for nonpoint sources is to meet a monthly average of 0.35 mg/L nitrate-N. The percent reduction is an estimated 92 percent. Achievement of the TMDL constitutes meeting the water quality target, and

d. The Margin of Safety is implicit.

(f) Troy Springs.

1. The Total Maximum Daily Load for Troy Springs is to achieve a monthly average of 0.35 mg/L nitrate-N, and is allocated as follows:

a. The WLA for wastewater sources is not applicable,

b. The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is not applicable,

c. The LA for nonpoint sources is to meet a monthly average of 0.35 mg/L nitrate-N. The percent reduction is an estimated 81 percent. Achievement of the TMDL constitutes meeting the water quality target, and

d. The Margin of Safety is implicit.

(2) Lower Suwannee Planning Unit. The Load Allocation for nonpoint sources is a 61 percent reduction in loading, and

(a) Fanning Springs.

1. The Total Maximum Daily Load for Fanning Springs is to achieve a monthly average of 0.35 mg/L nitrate-N, and is allocated as follows:

a. The WLA for wastewater sources is not applicable,

b. The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is not applicable,

c. The LA for nonpoint sources is to meet a monthly average of 0.35 mg/L nitrate-N. The percent reduction is an estimated 92 percent. Achievement of the TMDL constitutes meeting the water quality target, and

d. The Margin of Safety is implicit.

(b) Manatee Springs.

1. The Total Maximum Daily Load for Manatee Springs is to achieve a monthly average of 0.35 mg/L nitrate-N, and is allocated as follows:

a. The WLA for wastewater sources is not applicable,

b. The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is not applicable,

c. The LA for nonpoint sources is to meet a monthly average of 0.35 mg/L nitrate-N. The percent reduction is an estimated 79 percent. Achievement of the TMDL constitutes meeting the water quality target, and

d. The Margin of Safety is implicit.

(c) Lower Suwannee Estuary.

1. The Total Maximum Daily Load for Lower Suwannee Estuary is to achieve a monthly average of 0.35 mg/L nitrate-N, and is allocated as follows:

a. The WLA for wastewater sources is not applicable,

b. The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is not applicable,

c. The LA for nonpoint sources is to meet a monthly average of 0.35 mg/L nitrate-N. The range of percent reduction necessary to achieve the LA is estimated between 30 and 58 percent depending on the month and location within the basin. Achievement of the TMDL constitutes meeting the water quality target, and

d. The Margin of Safety is implicit.

(3) The Margin of Safety is implicit.

Specific Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 12-3-03, Amended________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Drew Bartlett, Deputy Director, Division of Environmental Assessment and Restoration
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michael Sole, Secretary, Department of Environmental Protection
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 29, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 1, 2008